Schedule 5
Code of Conduct
MODEL CODE OF CONDUCT FOR COMMUNITY COUNCILLORS
1.
INTRODUCTION TO THE CODE OF CONDUCT FOR
COMMUNITY COUNCILLORS
1.1
Aberdeenshire Council is committed to a decentralised pattern of local government
and service delivery. Community Councils have a key role in that process but must
work within Aberdeenshire Council’s Scheme for the Establishment of Community
Councils and their own constitution.
1.2
Community Councils are voluntary bodies, which exist within a statutory framework,
and which have been granted statutory rights of consultation. The general purpose
of a community council is to ascertain, co-ordinate and express the views of the
entire community within its agreed boundaries. Community Councils can help
ensure that the Council is as fully informed as possible about the circumstances,
needs and wishes of local communities.
1.3
Community Councils are non-party-political and non-sectarian in their discussions
and in their decision-making.
Community Councils, unlike other community organisations, are statutorily included
in the consultation process for all planning applications affecting their area. There
are also specific powers in relation to licensing.
1.4
As community planning develops, this will emphasize the need for the Council to
develop its relationship with community councils as part of its engagement with our
local communities.
1.5
The Members of Community Councils – “Community Councillors” are not covered by
the Codes of Conduct, enforced by the Standards Commission for Scotland, which
apply to Councillors elected to Local Authorities and MSP’s. However it is expected
by Aberdeenshire Council that Community Councils adopt the following Code of
Conduct as applying to their members.
2.
KEY PRINCIPLES OF THE CODE OF CONDUCT
2.1
The public has a high expectation of its representatives including members of
Community Councils and the way in which they should conduct themselves in
undertaking their duties. You must meet those expectations by ensuring that your
conduct is above reproach at all times.
2.2
As a Community Councillor, it is your responsibility to make sure that you are
familiar with, and that your actions comply with, the provisions of this code.
2.3
The general principles upon which this Code of Conduct is based are:Duty
You have a duty to act in the interests of the Community Council as a
whole and of all members of the communities served by it. You should
be accessible to all the people of the area for which you have been
elected or adopted to serve, and to represent their interests
conscientiously.
Selflessness
You should take decisions solely in terms of the public interest. You must
not act in order to gain financial or other material benefit for yourself,
family or friends.
Integrity
You must not place yourself under any financial or other obligation to any
individual or organisation that might reasonably be thought to influence
you in the performance of your duties, or the taking of decisions at
Council meetings.
Accountability and Stewardship
You are accountable for your decisions and actions to the public. You
should consider issues on their merits, taking account of the views of
others, and you must ensure that the Community Council uses its
resources prudently and in accordance with the law.
Openness
You must be as open as possible about your decisions and actions, giving
reasons for your decisions (and restricting information only when the
wider public interest clearly demands).
Honesty
You must act honestly. You must declare any private interests which
affect your public duties and take steps to resolve any conflicts arising in
a way that protects the public interest.
Leadership
You should lead by example, and maintain and strengthen the public’s
trust and confidence in the integrity of the Community Council and its
Councillors in conducting public business.
3.
GENERAL CONDUCT
3.1
The principles of good conduct in this section must be observed in all situations
where you act as a Community Councillor, including representing the Community
Council on official business.
3.2
You must respect all Aberdeenshire Councillors and Council employees and the role
they play, and treat them with courtesy at all times. It is expected that they will
show the same consideration in return.
3.3
You must respect the Chair, your colleagues, invited guests and any members of
the public present during meetings of the Community Council or other formal
proceedings of the Council whether or not you agree with their views and treat
them with courtesy at all times. You must comply with rulings from the Chair in the
conduct of the business of the Community Council
3.4
You must not, at a meeting of the Community Council raise your voice unduly,
shout, interrupt other speakers, use offensive language, assault other members or
members of the public, disregard the authority of the chair, or otherwise disrupt the
proceedings at a meeting.
3.5
Community Council proceedings and printed material are generally open to the
public. This should be the basis on which you normally work but there may be
times when you will be required to treat discussions, documents or other
information relating to the Community Council in a confidential manner in which
case you must observe such requirements for confidentiality. Members should in
particular be mindful of the need to protect confidential personal information to
which they may have access to avoid breaching the Data Protection Act.
3.6
You may be appointed or nominated by the Community Council as a member of
another body or organisation. If so, you will be bound by the rules of conduct of
these organisations and your responsibility for any actions taken by you as a
member of such an organisation will be through the organisation in question. You
must also continue to observe the rules of this code in carrying out the duties of
that body. In the event of a conflict of interest between the two bodies or
organisations the principles set out in Section 4 shall apply.
4.
DECLARATION OF INTERESTS
4.1
The key principles of the code, especially those that specify integrity, honesty and
openness are given further practical effect by the requirement for you to declare
interests (either personal or financial, at meetings which you attend). The rules on
declaration of interest are intended to produce transparency in regard to interests
which might influence, or be thought to influence, your actions as a Community
Councillor.
4.2
It is your responsibility to make decisions about whether you have to declare an
interest or make a judgement as to whether a declared interest prevents you from
taking part in any discussions or voting. You are in the best position to assess your
personal circumstances and to judge how these circumstances affect your role as a
Community Councillor in regard to a particular matter. In making decisions for
which you are personally responsible you are advised to err on the side of caution.
In the event of a clear conflict of interest, for example, if you have a personal
interest as applicant or close relative of an applicant, owner of land, or
neighbouring proprietor or occupier in a planning issue being discussed, then you
should withdraw from the meeting so as not to inhibit discussions.
5.
SUSPENSION FROM COMMUNITY COUNCILS
5.1
Community Councils may within their constitution introduce provisions whereby
members who consistently or flagrantly breach an adopted Code of Conduct for
Community Councillors(including repeated non-declaration of interests) or may be
suspended as a member of the Community Council for a period not exceeding six
months.
5.2
Additionally the Community Council constitution may provide for permanent
expulsion or suspension for a stated period of time of a member who is guilty of
theft of Community Council assets, or who is guilty of any other offence which is
deemed to affect their ability to participate in the activities of the Community
Council or who may have brought the Community Council into disrepute by their
actions or activities.